Kids Injured While Playing

Updated on June 06, 2011
V.B. asks from Allen, TX
22 answers

Hello,
A bunch of teenagers play every sunday on a vacant lot, last week, two kids bumped into each other while playing basketball, one got a swollen elbow and the other lost a tooth. The parent of the kids with a lost tooth are asking the elbow injured kid's parents to pay for their medical bills, with the argument that their kids was running very fast. They are threatening to sue.
Is there any legal responsibility for either of the parents?
Thanks for your answers

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T.N.

answers from Albany on

Well, I HOPE this is not a true story, sigh.

But I'd think if there were ANY liability whatsoever, it might lay with the owner of the property, I suppose the ages of the kids would come into play as well.

:(

1 mom found this helpful
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K.L.

answers from Washington DC on

That's the dumbest thing I have ever heard. Even if it had happened on the kid'd property the parents shouldn't sue! One time I had a neighborhood girl over here playing with my daughter (they were 4 at the time) They were on the teeter totter, with me standing nearby, and the little girl fell off and broke her arm! I felt so bad about it. Luckily the family was cool, and didn't SUE me!!! The parents of that boy need to chill. Good golly, people these days...

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D.P.

answers from Pittsburgh on

I really doubt that the cost of a dental implant will be more than the cost of retaining an attorney, etc.

Ridiculous.

That's why kids are covered by INSURANCE.

Sheesh.

2 moms found this helpful

K.I.

answers from Los Angeles on

I hate to say this, it makes me shudder every time my husband says it but sometimes it is SO true...

People are basically stupid!

Teenagers...playing basketball...this is what we WANT them to be doing, playing/exercising OUTSIDE...and now That isn't even safe?

I hate that I live in a society today where everyone wants and believes they should be owed something (always $) every time something bad happens!

I hope the parents not only loose the case but are ordered to pay the other families court costs...this is just absurd!

2 moms found this helpful

R.D.

answers from Richmond on

I think this is so stupid. This is why parents are scared to let their kids go play and have the freedom of childhood... because other parents screw it up! BIG DEAL!! We used to play ice hockey before school with no parental supervision, do you have any idea how many black eyes/missing teeth/concussions we sustained?! No one cared... it was a part of life.

I would truly hope that the parents threatening to sue lose the case, and then feel like big fat JERKS for wasting their own money pursuing this.

2 moms found this helpful

L.C.

answers from Washington DC on

That's crazy!
OMG!
Tell the parents of the lost tooth kid to suck it up. Accidents happen.
LBC

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A.P.

answers from Boston on

I don't know the law but it doesn't sound like they could sue for an accident that did not even occur on that childs property. Again I'm not sure but it just sounds ridiculous! There are dangers to playing any sport whether organized or not, if it happened during a town basketball game I doubt they could sue either, its just a risk of playing the game. They would probably need proof from witnesses that there was malicious intent.

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L.F.

answers from San Francisco on

I think both are at fault and responsible. Instead of blaming the other kids family, why not take responsibility for your own and deal with your own child????Don't they think their child was participating in running fast too?

I don't know if it would work to sue or not--I would think they wouldn't end up winning b/c of the circumstances.

M

1 mom found this helpful

A.H.

answers from Tulsa on

You have to prove negligence to get a liability payment off of an insurance policy. Playing basketball has inherent risks. I seriously doubt they would get anywhere with that, unless the insurance company of the family that gets sued decides to settle for some small amount to avoid extra legal fees or going to trial. They could file a claim with the person that owns the vacant land and try to get medical payments off of his liability policy. You don't have to prove negligence to get that. I agree that this is silly. Sports can be dangerous. What if it had been reversed? Would they want to get sued? If I was that family, I wouldn't pay.

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R.K.

answers from Boston on

People are sue happy!

If anything they might be able to sue the that owns the property unless there is a no trespassing sign up. My great aunt put one up on her property along with stay off the fence signs to protect herself in the event some kids fool around in her yard/ on her fence and get injured.

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J.U.

answers from Washington DC on

This is what is wrong with our country!! Go to a dentist with a payment plan. Money is obviously the issue. Why can't it be the fact that they let their own child go play on their own, their choice, their child, their responsibility? I have not a clue if this could actually stick in a lawsuit.

1 mom found this helpful

K.D.

answers from Sacramento on

SERIOUSLY?!?!?! People are just ridiculous!!!

Kids, teenage boys especially, play hard, and get hurt. Those parents are sue-happy, selfish, and pretty much idiotic. I really cannot belive they are considering suing over a lost tooth. Sorry for them if they have no dental insurance, but sorry to the other kids parents for having to deal with this ridiculous situation.

Im sure the elbow kid's parents feel badly that the other kid lost a tooth, but if there is a lawsiut over the dental bill, I sincerely hope they tooth kid's parents lose and get a harsh tounge lashing from a Judge Judy type LOL!!

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S.B.

answers from Redding on

You don't need an attorney to sue someone in civil court to recover damages. Anyone can file a lawsuit. It's just a matter of filing fees. It doesn't mean they'll win.

I think this is ridiculous. People are so sue-happy.

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M.H.

answers from Dallas on

I am with the rest of the moms...outraged! This is what is wrong with America. Instead of being concerned with who to sue over this the parents should be teaching their child to call and see how the kid is doing and showing some concern for his friend. It makes me sick.

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K.:.

answers from Phoenix on

Do you sue the city if your kid falls off the jungle gym & breaks his leg? I don't think so. Do you sue the school if your precious snowflake's finger gets broken from being slammed in a closing door? I think not.

It was an accident. How about making sure your kid gets healed instead of trying to profit off of it. The sue happy state of this country makes me ill. Lawsuits are for purposeful injury or negligence.

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A.V.

answers from Washington DC on

My guess is that a court will throw it out, but people will sue for anything these days, so if I were the other kid's parents, I'd watch my back. Good grief, the kid was running fast? While playing basketball? How dare he? :P Maybe the tooth kid needs to be wrapped in bubble wrap and stay home if Mom and Dad can't handle it. Neither set of parents was there, so was the tooth kid acting erradically and put his face where it shouldn't have been? Two can make those sorts of claims. I might find a lawyer and pay for a legal letter to the other parents if they press it. Or at least find out what to expect if they take me to small claims or something.

My SS got a broken nose playing football with friends (not at school) and we paid for his medical care. That's why we have insurance. It wasn't a big deal.

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J.T.

answers from Dallas on

REALLY!!!??? I am left speechless at the absurdity of this. Ugh!

C.O.

answers from Washington DC on

oooh my word!!! are you kidding me?!?!?!?!

They are TEENAGERS!! Stuff happens....if there are no adults there to "supervise".....come on - stuff happens. Tell the "affected" parents to grow up. If skin was broken on the other child's elbow - does he need to be tested for HIV or anything like that?! COME ON!!!! This is ABSOLUTELY ridiculous!!

if these people have enough money to hire a lawyer to sue - unless they go to small claims court - then they have enough to take care of this. If it did go to court (I'm not a lawyer or a judge) I'd would BET they would throw it out.

V.W.

answers from Jacksonville on

Good luck with that. People can sue anybody for anything (might get thrown out and dismissed summarily for lack of cause or lack of standing to bring the action, but they can still FILE the suit and have the 'defendant' served with papers). BUT, before they can file it, they usually have to have an attorney, because most people don't know their way around the Clerk of Court's office, nor what or how to file anything. If this is about money because they can't afford to fix the boy's tooth and they don't have insurance, then I doubt they have an adequate retainer to hire an attorney, either. I'm guessing this is a loser case, and no decent attorney will take on a loser case without a fat retainer up front, and some will just tell the "client" outright that they don't have a leg to stand on and refuse to file it/take the case. Essentially tell them they have to find a different lawyer, because it's a waste of their time. I'd think the family who was 'threatened' with a lawsuit is probably safe. ;)

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C.J.

answers from Dallas on

ARE YOU KIDDING ME?!!

So, only to say, I doubt it. But I am not a lawyer. Just a (for the most part) a level headed, rational adult. . . .

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J.B.

answers from Boston on

Wow that's just ridiculous. No of course the other kid's family should not pay for the tooth. My son plays hockey and lacrosse and wears protective equipment in each and has never been injured. In PE, a kid slammed into him while playing capture the flag and he got a concussion that has required medical treatment. I'm not sending the kid's parents a bill.

I'm sorry that the kid lost a tooth because it's a really expensive injury, but that's just one of the risks of doing anything. That's really obnoxious of them to ask this!

J.S.

answers from Hartford on

Oh brother. I think the only "legal responsibility" is for the parents of each child to pay medical expenses for their own child. There is no one at fault here. The boys were playing basketball, kids get hurt, and as long as there was no harmful intent then the parents of the other boy shouldn't have to pay a dime for the boy who lost the tooth. Forget the lawsuit.

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